1
Short title [see Note 1]
1 Short title [see Note 1]
This Act may be cited as the Death Penalty Abolition Act 1973.
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Commonwealth act
The Act abolishes the death penalty across Commonwealth and Territory law and, by its prohibition, prevents courts from imposing death for State offences too. Any legal reference to capital punishment is to be read as “imprisonment for life,” and that substitution applies retroactively and prospectively. It therefore shifts sentencing, corrections and legislative drafting: judges must impose life terms instead of death, prisons will house those prisoners, and statutes may need housekeeping.
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Direct links to the current provisions in Death Penalty Abolition Act 1973.
This Act may be cited as the Death Penalty Abolition Act 1973.
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) This Act applies within and outside Australia and extends to all the Territories. (2) This Act applies in relation to, and in relation to offences under, the laws of the Commonwealth and of the Territories, and, to the extent to which the powers of the Parliament permit, in relation to, and in relation to offences under, Imperial Acts. (3) Section 6 also applies in relation to, and in relation to offences under, the laws of the States. (4) This Act applies in relation to offences referred to in subsections (2) and (3) committed before, on or after the commencement of this Act.
A person is not liable to the punishment of death for any offence referred to in subsection 3(2).
Where by any law referred to in subsection 3(2) (including a provision that would, but for this Act, have effect by virtue of such a law) it is provided that a person is liable to the punishment of death, the reference to the punishment of death shall be read, construed and applied as if the penalty of imprisonment for life were substituted for that punishment.
The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Death Penalty Abolition Act 1973.
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) This Act applies within and outside Australia and extends to all the Territories. (2) This Act applies in relation to, and in relation to offences under, the laws of the Commonwealth and of the Territories, and, to the extent to which the powers of the Parliament permit, in relation to, and in relation to offences under, Imperial Acts. (3) Section 6 also applies in relation to, and in relation to offences under, the laws of the States. (4) This Act applies in relation to offences referred to in subsections (2) and (3) committed before, on or after the commencement of this Act.
A person is not liable to the punishment of death for any offence referred to in subsection 3(2).
Where by any law referred to in subsection 3(2) (including a provision that would, but for this Act, have effect by virtue of such a law) it is provided that a person is liable to the punishment of death, the reference to the punishment of death shall be read, construed and applied as if the penalty of imprisonment for life were substituted for that punishment.
The punishment of death must not be imposed as the penalty for any offence referred to in subsection 3(2) or (3).